Past Cases

Brian Kirlew is known for taking on difficult cases and getting great results for his clients. However, the Kirlew Law Firm cannot guarantee results based upon prior cases or successes. Each case is different and the Firm cannot promise favorable results. The Kirlew Law Firm can guarantee you that we will fight for you!

State of Florida v. Marc

At the age of 19, Marc was arrested for First Degree Murder. In December of 2012, Marc was allegedly at a basketball court in North Miami Beach when he was confronted by the victim. According to the eye witnesses, immediately prior to the shooting, the victim got into a heated exchange with Marc on the basketball court. Several witnesses told police officers that the same person who argued with the victim prior to the shooting, returned less than 20 minutes later and shot the victim 5 times, killing him instantly. The prosecution had testimony from two witnesses who identified Marc from a photo lineup. Marc was later arrested and confessed to the crime in a detailed two hour statement. Marc then made another incriminatory statement to a detective as he was being booked into the Dade County Jail.

Despite the eye witness testimony and confession, Brian Kirlew was ready to fight. Brian Kirlew immediately started working on a defense for Marc’s case. After months of investigation, research and countless depositions, Brian Kirlew was able to identify an issue with Marc’s confession. Brian Kirlew filed a motion to suppress Marc’s confession and the State was unable to defend against Brian Kirlew’s motion. As a result, the court suppressed Marc’s confession. Moments before trial, Brian Kirlew moved to suppress the incriminatory statement Marc made to the detective as he was being booked into the jail. The Court agreed and suppressed the statement, thereby precluding it from coming into evidence before the jury.

With a clean slate, Brian Kirlew repeatedly called into question the sufficiency of the evidence during the trial. Brian Kirlew was able to show inconsistent statements made by the lead detectives through cross examination. Another witness, under intense cross examination by Brian Kirlew, told the jury that he had identified another man as the potential shooter the day of the incident.

After two hours of deliberation, the jury returned a verdict of Not Guilty to the charge of Second Degree Murder.

State of Florida v. Garcia

Garcia is a single mother of three who was alleged to have trafficked in cocaine, along with committing three other felonies. Garcia faced a total of 55 years in prison, with a minimum mandatory sentence of 3 years. The state’s prosecution rested on the testimony of a confidential informant who claimed that Garcia was a source of cocaine. The confidential informant allegedly made a few phone calls to Garcia to set up the purchase of cocaine. A few text messages were also alleged to have been sent between the parties. On one occasion, police detectives sent in the confidential informant with marked U.S. currency to purchase cocaine from Garcia. Subsequent to the initial purchase, the detectives sent in the confidential informant to purchase a larger quantity of cocaine. The police recorded the phone calls between Garcia and the informant, along with recording the actual transactions where the cocaine was exchanged for money. Based upon this conduct, the detectives obtained an arrest warrant for Garcia and charged her with a slew of felonies. Apart from facing a minimum sentence of 3 years in prison, Garcia was not a U.S. Citizen and faced mandatory deportation if convicted of the charges.

Despite what seemed like a very strong case for the Government, Brian Kirlew knew that something wasn’t right with Garcia’s case. Immediately after securing her release from jail, Brian began a thorough investigation. Along with his investigator Michael Rafael, Brian began to examine the state’s evidence in excruciating detail. Brian subpoenaed the phone records of Garcia for the period of 3 months prior and 3 months subsequent to her arrest. In the records, there were a total of 15,000 entries. The records were eventually parsed down to a little more than a 1000 relevant entries. Armed with this information, Brian Kirlew set the lead detective for deposition. The lead detective admitted under oath that he had no idea his confidential informant contacted Garcia hundreds of times more than was alleged in Garcia’s arrest warrant. Essentially, Brian Kirlew was able to show that Garcia was entrapped. The prosecution, realizing that their strong case was suddenly very weak, opened up earnest negotiations with Brian and his client. Brian was able to secure a plea deal for Garcia that included dismissing all felony counts. Garcia was convicted of two misdemeanors and sentenced to a year of probation. No longer facing deportation, Garcia was able to return to her normal life as a loving mother of three.”

State of Florida v. Seay

Seay, along with a co-conspirator, allegedly planned to purchase 10 kilograms of cocaine. The state alleged through a series of recorded phone calls, wire taps and confidential informants that Seay and his co-defendant travelled from Palm Bay, Florida to Hialeah, Florida to purchase the narcotics. Unbeknownst to Seay and his co-conspirator, the Hialeah Police department was setting up the entire operation. Upon their arrival in Hialeah, Seay and his co-defendant met an undercover officer in mall parking lot. The undercover officer led Seay and his co-defendant to a nearby office suite that was under video and audio surveillance. The entire transaction was captured on HD video and audio. Seay and his co-defendant was immediately arrested and charged with trafficking in cocaine and money laundering. The police seized nearly a $100,000.00.

Seay, being a career criminal and habitual violent felony offender, faced life in prison with a 15 year minimum mandatory sentence. To make matters worse, Seay was on probation for two counts of aggravated battery in Broward County, Florida and faced a maximum of 60 years in prison for violating his probation. Seay was designated a Repeat Offender in Broward County and was assigned to the notorious ROC division.

Undaunted, Brian Kirlew began a feverish investigation of Seay’s case. He immediately hired an investigator and began looking into shady dealings of the Hialeah Police Department and their prior for-profit drug stings. After a few months of snooping around, Brian was able to obtain some information indicating that these officers were running a racket and using the same confidential informant repeatedly in an attempt to entrap otherwise law abiding citizens into get rich quick drug transactions. During the deposition of the lead detective, Brian Kirlew and the lawyer for the co-defendant got the lead detective to admit that he wasn’t present or even recorded the overwhelming majority of the interactions with his confidential informant and Seay. The identity of the informant became an essential issue that could no longer be hidden. Brian Kirlew filed a motion to disclose this person’s identity. Prosecutors in Miami and Broward eventually relented in their prosecution and accepted Seay’s counter offer to serve concurrent sentences of 5 years in prison to prevent disclosure of the informant. Seay, facing life in prison, immediately closed both cases to this ideal resolution.

State of Florida v. S.H

Like many individuals in the criminal justice system. S.H. was a troubled young lady who had a difficult upbringing. At the tender age of 7, S.H. was the victim of sexual assault by her stepfather. S.H. began to abuse drugs and alcohol and started committing petty crimes as a result of her addiction. S.H, found herself a mother as a teenager to a son with special needs.
Desperate, broke and severely depressed S.H. devised a plan to burglarize a neighbor’s house. She was the alleged ring leader and convinced two other young adults to join in on her conspiracy. Together they stole thousands of dollars from the neighbor and pawned the loot at a local pawn shop. The evidence against S.H. showed that she signed the pawn receipt and her fingerprints were at the crime scene. S.H. and her coconspirators were arrested and charged with a slew of felonies.

Despite being the alleged ring leader and the most culpable Defendant, Brian Kirlew was able to present a detailed mitigation of S.H., her prior abuse, and her need for counseling and medication. Brian Kirlew reminded the prosecution that S.H. had been a victim her entire life and her current predicament was nothing more than a delayed outcome from the sexual abuse she suffered as a child.

The prosecution agreed and S.H. received a withhold of adjudication on three felony cases, probation and substance abuse treatment and mental health counseling.

Each of her codefendants, who were not represented by Brian Kirlew, were convicted and served at least a year in jail.

State of Florida v. Young

Young was a 21 year old college student with a bright future ahead of her. Young was arrested in Broward County, alleged to have committed a Domestic Battery against her sister and tampering with a witness. Never having been in trouble, Young now faced the possibility of getting kicked out of school and becoming a convicted felon. Her future was in jeopardy.

Brian Kirlew understood what was at risk and immediately began a dialogue with the prosecution. The prosecution wanted Young to plead guilty to misdemeanor battery and do 12 months of probation with anger management. Unsatisfied with the State’s concession, Brian Kirlew was able to speak to the victim and after this conversation; Brian Kirlew was able to convince the State Attorney’s Office to dismiss the charges against Young.

Young is set to graduate University with high honors in May 2016.

State of Florida v. Warren

Warren is alleged to have followed a woman he did not know to a dim lit alleyway after she refused his advances for sex in exchange for money. There, Warren was alleged to have battered and sexually assaulted the alleged victim. The evidence against Warren was overwhelming. Warren’s DNA was found inside the victim’s vagina and the alleged victim had noticeable injuries consistent with the allegations. In addition, the State had a confession from Warren. Warren faced a possible life sentence if convicted and a minimum mandatory of 30 years on each count if convicted.

With his client’s life on the line, Brian Kirlew knew that this case was going to trial. Through effective cross examination, Brian Kirlew was able to show that the victim gave inconsistent statements to the first responding officer and the lead detective. Brian Kirlew called into question the State’s entire theory and through a civilian witness proved to the jury that the victim lied when she claimed she never knew Warren prior to the attack. The witness also admitted that the alleged victim went willingly into the alley way with Warren. Brian Kirlew attacked the lead detective’s assertion that Warren confessed to the crime by pointing out that he didn’t record the confession despite the fact that four rooms in the bureau had recording equipment available. Brian Kirlew then successfully argued to the jury that the alleged victim consented to sex with Warren in exchange for drugs and was only battered by Warren subsequent to the consensual sex.

Warren was acquitted of the Sexual Battery with Injury and Strong Armed Robbery counts. Warren was convicted of misdemeanor battery and sentenced to time served.

State of Florida v. Johnson

Several members of the Miami-Dade Police Department were conducting a narcotics operation in Southern Miami-Dade County. The detectives in charge of the operation alleged that Johnson and another male were engaging in hand to hand transactions on the front porch of Johnson’s home. The detectives observed the transactions and surrounded the house. Johnson, his mother, little sister and other family members were detained by the police. The detectives then obtained permission to search the home of Johnson and found trafficking amounts of rock and powder cocaine, and marijuana in the top drawer of the dresser in Johnson’s bedroom. Due to the quantity of narcotics retrieved, Johnson faced a minimum mandatory prison sentence of 3 years and a maximum of 60 years in prison. Johnson also provided a confession to the police admitting that the drugs were his and that sold drugs.

Despite the evidence seized, Brian Kirlew remained undaunted and began a thorough investigation of the case. Thinking outside the box, Brian Kirlew was able to obtain IP records from Microsoft. The records showed that at the time of the alleged narcotics transactions, Johnson was playing a video game online with other individuals. Brian Kirlew located a potential witness who lived in Tampa and who was playing the game online with Johnson at the time of the alleged transactions. This witness provided evidence that the police officers entered the room without a warrant and prior to getting consent to search the home. The witness also provided evidence that he heard through the Xbox headset that the police officers involved were looking for guns and some evidence to implicate Johnson. Brian Kirlew successfully motioned the Court for an order allowing the dozens of baggies of narcotics found in the home to be fingerprinted. None of the fingerprints found on the baggies matched those of Johnson.

As a result of Brian Kirlew’s efforts, the prosecution waived the minimum mandatory sentence of 3 years. Johnson accepted a plea deal to reduced charges and was sentenced to 3 years’ probation with early termination at 18 months. The prosecution agreed to withhold adjudication and as a result Johnson is not a convicted felon and still has his civil rights.

State of Florida v. Washington

Following a verbal dispute with a maintenance worker at his apartment complex in North Miami Beach, Washington allegedly retrieved a semiautomatic handgun and pointed it at the maintenance worker in a threatening manner. Soon after, Washington was stopped by a North Miami Beach Police officer and was charged with fleeing the scene of a crime. After searching the vehicle, the police officer testified that he found a 9mm Ruger handgun, 34 rounds of ammunition, and two magazine clips under the driver’s seat of Washington’s car.

Brian Kirlew challenged the truthfulness of the victim’s testimony and argued that the State failed to prove beyond a reasonable doubt that Washington knew the weapons were under the driver’s side seat.

The jury agreed with Brian Kirlew and found Washington Not Guilty of both counts.

State of Florida v. Torre

In the early 2000s, Torre was accused and convicted of kidnapping and sexually assaulting a female companion. Torre was placed on community control/probation and violated the conditions of his release by fleeing to South America. Facing life in prison without the possibility of parole for an open community control/probation violation, Torre was a man without a country and without hope.

For years, Torre was unable to speak to his family or children. Desperate to return to his country and family, Torre reached out to Brian Kirlew for help. Brian Kirlew successfully negotiated a plea agreement with the State that allowed Torre to return to the United States and serve a maximum of 364 days in the county jail and a termination of his community control/probation. Through contacts in a foreign embassy, Brian Kirlew was able to assist with getting Torre the appropriate travel documents and arranged for his surrender to local authorities.

Torre is now back in the U.S. with his family and is looking forward to his new life as a free man.

State of Florida v. Williams

In a case featuring some of the most graphic crime scene photos and forensic evidence ever introduced in a criminal trial, Williams was charged with three counts of Vehicular Manslaughter, Leaving the Scene of an Accident with Death, Fleeing and Eluding the Police and Fleeing the Scene of an Accident. The tragic circumstances of this case involving the death of three innocent peopled garnered much media attention. Williams was as unpopular a defendant as they come and he was vilified by the local media. The state introduced Williams’ taped confession and DNA evidence taken from the driver side airbag of the Chevy Van proving that Williams was the driver of the van. Police officers also testified that Williams ran a red light and led the police on a high speed car chase earlier that evening. Williams was a career criminal and faced a mandatory life sentence if convicted at trial.

Despite the overwhelming evidence against Williams and the negative media attention, Brian Kirlew remained undaunted in his zealous representation of his client. Brian Kirlew challenged the State’s evidence and effectively cross-examined the witnesses called during the trial. After three hours of jury deliberations and question from the jury indicating that they may not have believed the confession, Brian Kirlew was able to negotiate a 20 year plea deal with the prosecutors and save Williams from life in prison had he been convicted.

State of Florida v. Crawford

Crawford was alleged to be a documented gang member in the City of Miami Gardens and suspected of committing various violent crimes including Armed Robbery with a Firearm. The victim described knowing Crawford from childhood and said she was a 100% sure he was the person who robbed her at gun point in a Miami Gardens park. Through effective cross-examination, the defense discredited the victim’s testimony and showed the jury that she made inconsistent statements to the police officers investigating the case. Brian Kirlew introduced evidence to show Crawford was attending school as early as thirty minutes prior to the incident approximately fifteen miles away.

The jury returned a Not Guilty verdict after fifteen minutes of deliberation. Brian Kirlew successfully persuaded the State to reduce the remaining charge against Crawford to a Grand Theft. Crawford was released with credit for time served.

State of Florida v. Payoute

Payoute and an accomplice where alleged to have robbed an elderly man at local North Miami dry cleaner on two separate occasions. The victim described Payoute as a neighborhood kid who he knew and was certain he was the perpetrator of the crimes charged.

At trial, Brian Kirlew effectively cross-examined the victim and got him to commit that he never told the first responding officer that Payoute was 5ft, 7in (Payoute is 6ft, 2in). Brian Kirlew later called first responding officer to testify to the victim’s contradictions and called into question the validity of the identification made by the victim.

Payoute was Acquitted and the following day the State dropped the additional Armed Robbery with a Firearm charge. Payoute is now a free man.

State of Florida v. Jackson

Jackson was charged with Premeditated Attempted Murder. The State alleged that Jackson planned to attack a rival outside of a Homestead market in retaliation for an earlier fight. Jackson faced life in prison if convicted. During the trial, the victim testified to the manner in which Jackson viciously attacked him causing severe injuries and permanent disfigurement and disability. Brian Kirlew was able to effectively confront the victim on his prior acts of violence towards Jackson and others; thus showing the jury that the victim was the bully and a menace to the neighborhood.

Jackson was sentenced to 39 months in prison (24 months of which he had credit).

State of Florida v. Roscoe

Roscoe was accused of using a heavy coffee cup and smashing it across the head of the victim. At trial, the victim testified that Roscoe, without any justification, just attacked him outside his home and caused him to have a deep laceration to his head and ear requiring 18 stiches. Brian Kirlew through cross examination of the state’s witnesses was able to point out the different versions of the story that the victim told the lead detective. Additionally, Brian Kirlew presented a witness who told the jury that Cruz started the altercation and cut Roscoe on his hand. Roscoe faced a minimum mandatory sentence of 30 years in prison as a career criminal.

The jury returned a verdict of Not Guilty in less than 30 minutes.

State of Florida v. McKinney

McKinney was charged with Trafficking in Heroin and Possession of Marijuana. During the trial, police officers testified that they saw McKinney throw something through the passenger side window of a newer model Durango. Inside the passenger compartment, the officers testified that they found a large baggie containing trafficking amounts of Heroin and smaller amounts of Marijuana. The police further testified that McKinney had the keys to the Durango around his neck and that he was the only person seen in the location of the SUV.

Brian Kirlew successfully cross-examined the detective and pointed out to the jury that the police could not determine who owned the Durango. Brian argued that McKinney was found with no money on him (a very inconvenient fact for someone who trafficks in Heroin) and there was no physical evidence linking McKinney to the Durango or its contents.

McKinney was Acquitted after a short jury deliberation.

State of Florida v. Collins

Collins is a convicted felon who was accused of assaulting another man at a bus stop with a firearm. A police officer nearby was flagged down and testified that he saw Collins throw what appeared to be a firearm into a trash bin. The officer retrieved the firearm and immediately arrested Collins and charged him with Possession of a Firearm by a Convicted Felon and Aggravated Assault with a Deadly Weapon. At the trial, Brian Kirlew successfully confronted the police officer witness and painted his testimony as lacking credibility and corroboration.

Collins was Acquitted by the jury after a short deliberation.

State of Florida v. Paz

Paz was accused of Driving under the Influence of Alcohol after a day of drinking and partying on South Beach. According to the arresting officers, Paz was found passed out behind the wheel of a parked car with the engine running. The State introduced evidence that Paz failed the sobriety tests and his blood alcohol level was above the legal limit. Brian Kirlew aggressively cross-examined the police officers on their incomplete investigation and challenged the accuracy of the breathalyzer test.

Paz was found Not Guilty by the jury.

State of Florida v. Scott

Scott was stopped for a routine traffic violation. During the stop, it is alleged that Scott was under the influence. Scott was subsequently charged with Driving under the Influence of a Controlled Substance (DUI). At trial, the police officer testified that a strong odor of marijuana emitted from the car and Scott had blood shot eyes, slurred speech and was unsteady on his feet. Scott failed the sobriety tests and a urine test revealed the presence of cocaine and marijuana in Scott’s system. Brian Kirlew successfully argued to exclude the urine results as evidence in the trial and argued to the jury that the State lacked evidence beyond a reasonable doubt that Scott was impaired.

The jury found Scott Not Guilty.

State of Florida v. Romero

Romero was stopped by the police after he was alleged to driving down the wrong side of the road on US1 in South Miami. The officers told the jury that Romero appeared under the influence of alcohol. They testified that when they approached Romero, there was an odor of alcohol and Romero had blood shot eyes, slurred speech, and was unsteady on his feet. Romero failed the roadside tests, was arrested and charged with DUI. Romero was then accused of refusing to submit to a breath test.

After conducting a thorough investigation, Brian Kirlew presented evidence that on the night of Romero’s arrest it was raining heavy and US1 was blocked by a major accident which required Romero to make an illegal U-turn, which alerted the police officers. Through cross-examination, Brian Kirlew was able to get the officers to admit that Romero had no alternative but to go the wrong way on US1 for a few blocks to avoid the accident ahead. An additional witness called by the Defense testified that Romero suffered an allergy attack a few hours earlier and that he was not drinking.

Romero was Acquitted of all charges.

State of Florida v. Shaw

Shaw was accused of Impersonating a Police Officer and conducting “fake” detentions where he was alleged to have frisked and improperly detained motorists. Shaw was also alleged to have Openly Carried a Firearm in violation of Florida law. Through pre-trial motions and investigation, Brian Kirlew was able to get most of the counts against Shaw dismissed prior to trial. During trial, Brian argued that Shaw’s gun was in a holster and not out in the open as alleged by the police officers.

Shaw was Acquitted of all remaining charges.

State of Florida v. Santana

Hialeah police officers alleged that Santana attacked them and as result he was charged with Battery on a Law Enforcement Officer. During the trial, the officers testified that Santana was a well known trouble maker and that he impeded their investigation of a known felon. Brian Kirlew was able to successfully question the police officers and showed the jury the inconsistencies in their testimony. Additional witnesses were called by the defense and they testified that the police officers entered his property without a warrant and forced their way into his home, violating his constitutional rights.